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STATE v. BERGER

No. 2 CA-CR 90-0143.

171 Ariz. 117 (1992)

828 P.2d 1258

The STATE of Arizona, Appellee, v. Michael Dale BERGER, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Redesignated as Opinion April 15, 1992.

Attorney(s) appearing for the Case

Grant Woods, The Atty. Gen. by Paul J. McMurdie and Linda L. Knowles, Phoenix, for appellee.

Susan A. Kettlewell, Pima County Public Defender by Nancy F. Jones, Tucson, for appellant.

OPINION

FERNANDEZ, Presiding Judge.

After a hearing held pursuant to Rule 11, Ariz.R.Crim. P., 17 A.R.S., the trial court found appellant incompetent to stand trial but with a substantial probability that his competency could be restored. Appellant was ordered to be transported to the Maricopa County Jail Mental Health Unit for a period not to exceed 150 days. He was subsequently returned to Pima County and found guilty of three criminal counts. On

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